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Tribunals' power to control their own procedures and the requirements of procedural fairness

Citation

Blackwood, JB and Henning, T, Tribunals' power to control their own procedures and the requirements of procedural fairness, Australian Journal of Administrative Law, 11, (1) pp. 5-33. ISSN 1320-7105 (2003) [Refereed Article]

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Abstract

The purpose of this article is to consider two aspects of disclosure of
evidence that may arise in the proceedings of quasi-judicial tribunals that
have legislative imprimatur to determine their own procedures. The first
aspect of disclosure relates to pre-hearing evidence disclosure requirements
that may be imposed by tribunals upon parties or those participating in
tribunal proceedings. There is evidence that the practice directions have
assumed to some extent, the aspect of rules of practice. Pre-hearing
disclosure is a useful case management device, however, the article
highlights some of its limitations. The second aspect of disclosure relates to
the question of disclosure by the tribunals themselves. While it might be true
to say that the duty to disclose documents and other material information is
one of the more certain aspects of natural justice, it is, nevertheless,
exceedingly difficult to articulate a concise set of principles relevant to all
hearings before quasi-judicial tribunals. The nature of the jurisdiction being
exercised is pivotal in determining how the principles in relation to the
production of documents are exercised.